Pub. L. 104-208, div. C, tit. III, subtit. B, sec. 321

AMENDED DEFINITION OF AGGRAVATED FELONY.

EnactedYear: 1996Length: 485 wordsOfficial source
SEC. 321. AMENDED DEFINITION OF AGGRAVATED FELONY. (a) In General.— Section 101(a)(43) (8 U.S.C. 1101(a)(43)), as amended by section 441(e) of the Antiterrorism and Effective Death Penalty Act of 1996 (P.L. 104–132), is amended— (1) in subparagraph (A), by inserting “, rape, or sexual abuse of a minor” after “murder”; (2) in subparagraph (D), by striking “$100,000” and inserting “$10,000”; (3) in subparagraphs (F), (G), (N), and (P), by striking “is at least 5 years” each place it appears and inserting “at least one year”; (4) in subparagraph (J), by striking “sentence of 5 years’ imprisonment” and inserting “sentence of one year imprisonment”; (5) in subparagraph (K)(ii), by inserting “if committed” before “for commercial advantage”; (6) in subparagraph (L)— 110 STAT. 3009–628 (A) by striking “or” at the end of clause (i), (B) by inserting “or” at the end of clause (ii), and (C) by adding at the end the following new clause: “(iii) section 601 of the National Security Act of 1947 (relating to protecting the identity of undercover agents);”; (7) in subparagraph (M), by striking “$200,000” each place it appears and inserting “$10,000”; (8) in subparagraph (N), by striking “for which the term” and all that follows and inserting the following: “, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this Act”; (9) in subparagraph (P), by striking “18 months” and inserting “12 months, except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien’s spouse, child, or parent (and no other individual) to violate a provision of this Act”; (10) in subparagraph (R), by striking “for which a sentence of 5 years’ imprisonment or more may be imposed” and inserting “for which the term of imprisonment is at least one year”; and (11) in subparagraph (S), by striking “for which a sentence of 5 years’ imprisonment or more may be imposed” and inserting “for which the term of imprisonment is at least one year”. (b) Effective Date of Definition.— Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by adding at the end the following new sentence: “Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the conviction was entered before, on, or after the date of enactment of this paragraph.”. (c) Effective Date.— The amendments made by this section shall apply to actions taken on or after the date of the enactment of this Act, regardless of when the conviction occurred, and shall apply under section 276(b) of the Immigration and Nationality Act only to violations of section 276(a) of such Act occurring on or after such date.